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Appeals for the Sixth Circuit has again remanded the case for
resentencing. United States v. Kosinski, 480 F.3d 769 (6th Cir.
2007).
Mrs. Kosinski pleaded guilty to one count of structuring
currency transactions and received probation, in addition to
being ordered to pay a $5,000 fine and perform 100 hours of
community service. When she pleaded guilty, Mrs. Kosinski
testified under oath that no one had threatened her or her loved
ones to induce her to plead guilty and no one had promised her
favorable treatment if she pleaded guilty. She also explained
her involvement in petitioner’s currency structuring
transactions:
My husband and I agreed that I would go to the bank
hundreds of times, almost always, and took money out in
the amount of $9500. This is between 1996 and 1999.
The account usually had a [sic] substantial more money
in it than what I withdrew. The withdrawals were kept
in an amount so that the bank would not have to fill
out the federal reports for cash withdrawals over
$10,000.
Phillips was indicted and pleaded guilty to conspiracy to
defraud the United States and to tax evasion for the taxable
year 1998 with respect to paying his employees in cash with no
income tax withholdings, failing to issue Forms 1099 and Forms
W-2, and failing to file his own income tax returns. He was
sentenced to 21 months’ incarceration and 2 years’ supervised
release, and he was ordered to file income tax returns for the
taxable years 1996 through 1998.
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Last modified: November 10, 2007